(A) No member of the City Council, city officer or employee of the city or any other person present during a closed session of the Council shall disclose to any person the content or substance of any information presented or discussion which took place during the closed session unless the City Council first authorizes the disclosure of such information by the affirmative vote of three members.
(B) Except when disclosure is mandated by state or federal law, no member of the City Council, officer or employee of the city or any other person shall disclose to any person the content or substance of any confidential or privileged communication relating to matters of city business, received under circumstances where the confidential or privileged nature of the communication is reasonably conveyed or understood, unless the disclosure is first authorized by the affirmative vote of three members of the City Council.
(C) Divisions (A) and (B) shall not apply to:
(1) Confidential disclosures to other officers or employees of the city;
(2) Disclosures to members, officers or employees of other governmental agencies, where the disclosure is in confidence and is necessary for furtherance of official city business;
(3) Disclosures necessary to report a crime or violation of law to a responsible enforcement agency;
(4) Disclosures by the City Attorney, City Manager or the city's designated negotiators when such disclosures are deemed necessary by such person to accomplish the official business of the city pursuant to directions obtained during the closed session.
(D) Pursuant to Government Code Section 1098, no member of the City Council or officer or employee of the city shall use confidential information received in the course and scope of their office or employment for private financial gain. Such use of confidential information constitutes a violation of Government Code Section 1098, a misdemeanor.
(E) Members of the City Council who violate divisions (A) or (B) may be subject to censure upon the affirmative vote of three members of the City Council.
(F) Other officers or employees of the city who violate divisions (A) or (B) may be subject to disciplinary action be the appointing authority.
(Ord. 1205, passed 11-6-96)